(영문) 서울남부지방법원 2009.2.19.선고 2008고합540 판결

Seized evidence 1 through 26 (tension No. 2591 of the Seoul Southern District Prosecutors' Office) and 10,000 won counterfeited paper 956 shall be confiscated.

Reasons

Criminal facts

In the case of the currency of 10,00 won of the issuance of the president of the Bank of Korea, which is a currency used in the Republic of Korea while searching the Internet, at the house of the defendant ○○ in Seocho-gu, Seoyang-gu, 2007, the defendant is divided into the front and rear sides of the currency when storing in water for a certain period of time, and the part of the front and rear sides of the currency when preventing forgery is stored in water.

The defendant, who was placed in a place economically difficult because there is no particular source of revenue in his house, after conducting an experiment directly at the home, shall use a 10,00 won currency issued by the Governor of the Bank of Korea by forging it by means of a glar, local flag, straw, knife, grass, etc., and the defendant's house during the period from December 2007 to November 2008, the serial number of which, without due authority, is "from 10,000 won, 10,000 won image on the front and rear image of the new 10,000 won book" stored in a computer, and then printed it out with a half of the front part of the forged 10,000 won ticket affixed on the front and rear 10,000 won ticket divided into one half of the forged 10,000 won ticket and then divided it into one half of the front girg in the same way as the new gire ticket attached to it.

2. On December 2, 2008: around 55, 2008: (a) purchased medicine equivalent to KRW 1,000 from ○○○○○○○○○○○○○○○○○○, Geumcheon-gu, Seoul; (b) exercised KRW 10,00 won currency in the name of the president of the Bank of Korea, who was so forged, with a genuine establishment of 10,00 won currency, from December 2, 2007 to December 18, 2007, 10 won currency in the name of the president of the Bank of Korea, which was forged in the name of the president of the Bank of Korea, as shown in the list of crimes committed in the attached Table, from December 2007 to Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on Kim○-○, Ma○-○, Do○-○, and the highest police statement;

1. An investigation report (the output of stored goods in Nowon-North Korea), an investigation report (the printing of cans file used in the above Article), an investigation report (the printing of cans file), an investigation report, a report on the discovery of each forged currency, a report on the discovery of each forged currency, a report on the discovery of each forged currency, a report on the investigation of the discovery of each forged currency, a statement on the contents of each falsified currency, a report on the investigation (the present presence of counterfeited currency), a report on

1. Each protocol of seizure;

1. Photographs of seized articles;

1. Application of the Acts and subordinate statutes of seized articles;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 207 (1) of the Criminal Act (the currency aid, the choice of limited imprisonment), Article 10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 207 (4) of the Criminal Act (the point of exercising a counterfeited currency, the choice of limited imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Considering the fact that the use of a currency, which is the basis of the national economy system for sentencing under Article 48(1)1 and 2 of the Criminal Act, is impairing the safety and credit of the currency and disturbs the order in circulation of the national currency, and the nature of the crime is very bad, that the defendant commits each of the crimes in this case for economic purposes, and that the amount of money that the defendant has forged or used is not a large amount of money, no strict punishment may be imposed against the defendant: Provided, That it appears that the defendant has not mobilized professional skills and organization in forging the currency; that the defendant has led to confession of each of the crimes in this case; that the defendant is in favor of the defendant; that the defendant is the primary offender; that there is favorable circumstance for the defendant; and that the defendant is a primary offender, it shall be determined by taking into consideration all the sentencing factors in this case, such as the age, character and conduct, environment, motive and means of the crime; and that the amount of money that the defendant has forged or used.